State v. Kingkamau Nantambu (A-97-13; 073589)
When considering the admissibility of a recording
containing a partial omission, the trial court must
employ a two-part analysis. First, the trial court
must determine if the omission is unduly prejudicial,
conducting an objective analysis focused on the
evidentiary purposes for which the recording is being
offered. If the trial court, in its discretion, finds
the omission unduly prejudicial, it must then consider
whether it renders all or only some of the recording
untrustworthy, and suppress only that portion deemed
untrustworthy.
